Chap. 191.—An ACT to amend and re-enact section 2757 of the Code of Vir-
ginia, in relation to powers of boards of supervisors to establish and main-
tain public sewers. [S B 241]

Approved March 13, 1936
1. Be it enacted by the General Assembly of Virginia, That section
twenty-seven hundred and fifty-seven of the Code of Virginia be
amended and re-enacted so as to read as follows:
Section 2757. Board of Supervisors Permitted to Establish and
Maintain Public Sewers, and Public Water Mains——The board of
supervisors of any county shall have power to establish and maintain,
or to cause to be established and maintained, public sewers and public
water mains along the streets, alleys and public highways in any incor-
porated town, village or suburbs of any city where the same shall be
necessary whether the title to said streets, alleys and public highways
be vested in the board of supervisors or not, to protect the public
health, and the owners of adjacent lands shall have the right to con-
nect their premises with such sewers and water mains on such terms
as the board of supervisors shall prescribe; provided, that upon the
failure or refusal of the board of supervisors to establish and maintain,
or cause to be established and maintained, public sewers as herein pro-
vided for, any landowner shall have the right to establish and maintain
a sewer from his land along any street, alley or public highway to the
nearest natural water course; provided, such landowner shall first de-
posit with the board of supervisors a bond with security in such pen-
alty as the board shall prescribe, not in excess of the cost of construct-
ing such sewer, conditioned to keep such sewer in a proper condition
to carry off such sewerage as may be emptied therein, and provided,
further, that the sewer proposed to be established by such landowner
shall be approved by the State Board of Health and with the consent
of the city or town council by ordinance or resolution.

And the board of supervisors of any county shall, with the consent
of the council or other governing body of any city adjacent to such
county, have the power to establish and maintain or cause to be estab-
lished and maintained public sewers and public water mains along the
streets, alleys and public highways in such city where the same shall be
necessary for the purpose of connecting with any public sewerage sys-
tem or public water system in said county, whether the title to said
streets, alleys and public highways be vested in said city or not, to
protect the public health, and the owners of the adjacent lands or lots
shall have the right to connect their premises with such sewers and
water mains within the corporate limits of such city on such terms as
the council or other governing body of such city shall prescribe.

The action of the board of supervisors under this act shall be sub-
ject to review by the circuit court of the county upon a petition setting
forth the proceedings before such board being filed by any person in
interest within thirty days from the date of the final action of the
board in any proceeding under this act.

2. An emergency existing, this act shall be in force from its pas-
sage.